Indiana § 12-18-8-8 - Information that a domestic violence fatality review team may include in a review; immunity

§ 12-18-8-8. Information that a domestic violence fatality review team may include in a review; immunity

Sec. 8. (a) To complete its review of a death or near fatality that it believes to have resulted from domestic violence, the local domestic violence fatality review team may review all applicable records and information related to the death or near fatality, including the following:

(1) Records held by the:

(A) Indiana department of health or local health department; and

(B) department of child services, subject to IC 31-33-18-2.

(2) Medical records.

(3) Law enforcement, court, and probation records.

(4) Autopsy reports.

(5) Records of the coroner.

(6) Mental health reports.

(b) Subject to IC 34-30-15, if the local domestic violence fatality review team requests records from a hospital, physician, coroner, law enforcement officer, or mental health professional regarding a death or near fatality that the local domestic violence fatality review team is investigating, the hospital, physician, coroner, law enforcement officer, or mental health professional shall provide the requested records to the local domestic violence fatality review team.

(c) A person who provides records in accordance with subsection (b) in good faith is not subject to liability in:

(1) a civil;

(2) an administrative;

(3) a disciplinary; or

(4) a criminal;

action that might otherwise be imposed as a result of the disclosure of the records.

(d) Except as otherwise provided in this article, information and records acquired by the local domestic violence fatality review team in the exercise of its duties under this chapter are confidential and exempt from disclosure.

(e) Records, information, documents, and reports acquired or produced by the local domestic violence fatality review team are not:

(1) subject to subpoena or discovery; or

(2) admissible as evidence;

in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the local domestic violence fatality review team.

As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004, SEC.54; P.L.258-2017, SEC.7; P.L.56-2023, SEC.122.